Date: 05-08-2010

Case Style: Henry Chanin and Lorraine Chanin v. Teva Parenteral Medicines, Inc., et al.

Case Number: 08A571172

Judge:

Court: District Court, Clark County, Nevada

Plaintiff's Attorney: Robert Eglet, Bob Cottle, Mainor Eglet & Cottle, L.L.P., Las Vegas, Nevada and Will Kemp, Kemp, Jones & Coulthard, L.L.P., Las Vegas, Nevada

Defendant's Attorney: Jim Olson and Max Corrick, Olson, Cannon, Gormley & Desruisseaux, P.C., Las Vegas, Nevada for Teva Pharmaceuticals, McKesson Corporation and Sicor, Inc.

Vincent A. Cass, Las Vegas, Nevada for Desert Shadow Endoscopy Center LLC, et al.

Lynn Marie Hansen and Robert S. Qualey, Jimmerson Hansen, P.C., Las Vegas, Nevada for Dr. Rajat Sood and Bobbie Glass-Seran, CRNA

Tom Winner, Atkin Winner & Sherrod, Las Vegas, Nevada for Quality Care Consultants, L.L.C.

Mike Prangle, Hall Prangle & Schoonveld, L.L.C., Chicago, Illinois and Las Vegas, Nevada for Deena Wilson, R.N.

Jim Jackson, Thorndal, Armstrong, Delk, Balkenbush & Eisinger, P.C., Las Vegas, Nevada for Baxter Healthcare Corporation

Description: Henry Chanin and Lorraine Chanin sued Teva Parenteral Medicines and Baxter Healthcare Corp. on negligence and products liability theories claiming that Mr. Chanin contracted hepatitis C as a direct result of product misuse related to unsafe clinical practices from reuse of vials of the anesthetic propofol. Teva manufactured and distributed propofol used by endoscopy clinics. At least nine — and possibly as many as 114 — patients were infected with the disease. Fifty thousand patients were notified that they might be infected.

Mr. Chanin, age 62, was the headmaster of a private school run by the wife of Las Vegas' mayor when he was diagnosed has having hepatitis C in 2006. He had undergone an endocopic procedure at Desert Shadow Endocopy Center. Plaintiffs claimed that syringes were reused on multiple patients or that vials labeled for single use were reused multiple times on multiple patients.

Teva claimed that the vials were marked with instructions and warnings, and medical professionals decided what sizes were appropriate. The defenses asserted by Baxter Healthcare are not available.

Outcome: Plaintiffs' verdict for $5.1 million in compensatory damages and against Teva Parenteral Medicines for $356 million in punitive damages and against Baxter Healthcare Corp. $144 million in punitive damages.

Plaintiff's Experts:

Defendant's Experts:

Comments: Editor's Note: Plaintiffs were reported to have offered to settle for $1.7 million before trial. The $500 million punitive award might be the highest in state history.